Click here to print out or order the new poster from the EEOC web site.

That publication opens a 60-day public comment period. After that period, the EEOC will consider the comments and then issue final regulations.

As discussed previously here on the Blawg, proposed changes include:

• prohibiting employers from considering “mitigating measures” (other than glasses or contact lenses) in determining whether a disability exists;
• including conditions that are in remission or episodic if they would limit a major life activity when active;
• limiting an employer’s ability to use uncorrected vision tests unless job-related and consistent with business necessity; and
• expanding the interpretation of the phrases “substantially limited” and “regarded as” in the definition of “disability.”

In addition, the proposed regulations expand the definition of “major life activities” covered under the law by including two non-exhaustive lists:

• the first includes activities such as “caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working”;
• the second includes “major bodily functions” such as the respiratory, circulatory, cardiovascular, musculoskeletal, digestive, reproductive and immune systems, as well as others.

Click here for more info, here for FAQ from the EEOC and here for my summary of the ADAAA.

We’re here to help. Last week, we updated you here on all the recent FMLA changes. Now, here’s a handy summary of recent changes to the ADA via the ADA Amendments Act (ADAAA):

What is the ADAAA?

The ADAAA overturned several U.S. Supreme Court decisions that the bill’s sponsors felt too narrowly interpreted the ADA. The Act was the result of a bipartisan effort that included various prominent business groups, including the National Association of Manufacturers (NAM) and U.S. Chamber of Commerce.

What Did the ADAAA Change?

Here are the highlights:

• Mitigating measures. One of the biggest changes was the rejection of Supreme Court cases requiring “mitigating measures” to be taken into account in determining whether an individual has a disability.  Under the ADAAA, technology, equipment, devices and other similar aids would no longer be part of the equation.  Notable exceptions:  glasses and contact lenses could still be considered.

• Remission.  A condition that is in remission or episodic qualifies as a disability if it would substantially limit a major life activity when active.

• “Substantially Limits” Loosened. The ADAAA loosened the definition of “substantially limits” by rejecting a Supreme Court ruling that the phrase should be considered a “demanding standard” and EEOC guidance that it should be defined as “significantly restricted.”

• “Major Life Activities” Expanded. The ADAAA provides specific examples of “major life activities,” including “major bodily functions” such as “immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.”

• “Regarded As” Narrowed. The ADAAA excludes from ”regarded as” claims minor/transitory conditions lasting six months or less.

Yikes. I’m Confused. Whom Should I Call?

When it comes to ADA issues (especially accommodations), your first call should always, always, always be to the Job Accommodation Network (JAN). JAN is a FREE service that helps employers address disability-related issues proactively and reasonably. Click here to visit JAN’s official site.

Last week’s question was designed to help you prepare for the changes.  Here’s the question we asked, along with your responses . . .

Which of the following is NOT true about the ADAAA?

a.  It will reverse several key U.S. Supreme Court decisions (12%)
b.  It will expand the definition of “disability” to include more conditions (7%)
c.  It will require employers to provide accommodations to more employees (10%)
d.  It will apply to all employers (46%)
e.  It will expand and specifically list “major life activities” covered by the law (10%)
f.   It will prohibit consideration of “mitigating measures” (other than glasses and contact lenses) in determining whether someone is disabled (15%)

Click here for an overview of what is arguably the biggest change in employment law thus far this century.  The law becomes effective January 1, 2009.

The Act sailed through the House a few weeks ago by a resounding 402-17 margin.  Many thought it would face a similarly easy path in the Senate.  But now the Senate’s sponsor of the bill is questioning whether the Act’s language is clear enough.

At the center of the debate is the definition of “disability” under the law.  The Act seeks to clarify the ADA’s definition by stating that conditions must “materially restrict” major life activities such as breathing, communicating, eating, hearing, lifting, seeing, standing, walking, caring for oneself, performing manual tasks and working. 

At a recent hearing, Senator Tom Harkin (D-Iowa) expressed concern over whether that language could lead to more confusion and litigation — exactly what the Act is supposed to help avoid.  “I want to caution supporters of the House bill that, here in the Senate, serious procedural and substantive concerns have been raised,” he said.  “I want to work quickly to produce a Senate bill that gets the job done by returning protections of the ADA to all individuals with disabilities.”

Despite those concerns, a spokesperson added that Harkin will “do everything he can to see [the Act] passed and signed into law this year.”

HR Executive Online has a handy chart showing the Act’s proposed changes here.

Stay tuned for more.